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Child Support FAQ

Excellence In Handling Divorce, Child Support And Financial Matters

At Brandon Wong & Associates, we are committed to excellence in handling child support cases and other family law matters. With our strong understanding of the laws and our experience assisting clients in situations involving the establishment of child support orders, we can provide guidance on how different issues in these cases will be handled.

Here are some general answers to commonly-asked questions about child support:

How Much Will I Have to Pay in Child Support?

The amount of child support you have to pay will depend on how many children you have a duty to support and your net resources. Texas' child support guidelines state that the following percentages are presumed to provide a child with the necessary support:

  • 1 child: 20 percent of the net resources of the parent paying support
  • 2 children: 25 percent of the net resources of the parent paying support
  • 3 children: 30 percent of the net resources of the parent paying support
  • 4 children: 35 percent of the net resources of the parent paying support
  • 5 children: 40 percent of the net resources of the parent paying support
  • 6 or more children: At least 40 percent of the net resources of the parent paying support

I Can't Afford to Pay Child Support. What Can I Do?

While you always have an obligation to provide child support, even if you are not working, it may be possible to reduce the amount of child support you will have to pay. In certain instances, you can file for a child support modification asking to reduce your financial obligations to align with your changed financial circumstances. If you owe child support, there are certain facts that can decrease the amount of child support owed. Additionally, payment arrangements can often be negotiated.

How Can I Get My Ex to Pay More Child Support?

Just as your ex can ask the court to lower the child support obligation, you can ask the court to increase child support by filing a modification request. The amount of child support your ex has to pay is based on their income. A person's income often increases over time, which can make them subject to a modification. Additionally, the court can modify the child support obligation if the circumstances of either parent, the child being supported, or another person affected by the order have changed substantially.

How Long Do I Have to Wait to Modify the Child Support I Receive?

The court can modify the child support obligation, including the requirement to contribute to health-care coverage or educational expenses, if (1) the circumstances of the obligor (person who pays child support) have materially and substantially changed; or (2) at least three years have elapsed since the last order AND the amount of child support would differ by either $100 or 20 percent from the amount that should be paid pursuant to the current child support guidelines.

Is Child Support Always Set Based on the Child Support Guidelines?

Not necessarily. A Texas court can consider other factors to set child support above or below the amount that would be determined using the child support guidelines. A few examples of issues the court can consider include the age of the child, costs incurred to exercise visitation, and extraordinary health or education expenses for the child.

I Am Owed Child Support. What Can I Do?

An attorney can assist you in a variety of ways when attempting to collect unpaid child support. The most common way is through wage withholding. However, it may also be possible to freeze bank and retirement accounts, place the non-paying parent in jail for failure to pay child support, and sell real and personal property after obtaining a judgment for unpaid child support.

My Children Are No Longer Minors. Can I Still Collect Unpaid Child Support?

Yes. In Texas, there are no time limitations to collect unpaid child support. You can collect child support that is owed to you, even if your children are 20, 30, or 40+ years old.

Contact Our San Antonio Child Support Lawyers for Answers

If you have additional questions, or if you need clarification about the child support laws or other issues related to child custody, divorce, or family law, please reach out to our experienced lawyers. Contact us today by calling 210-201-3832 to set up your initial consultation.

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